Temporary Injunction

Nabasirye & Anor Vs Electoral Commission & Anor (MISC. APPLICATION NO. 456 OF 2015) [2015] UGHCCD 2 (1 December 2015);


Search Summary: 

This is an application for temporary injunction restraining the second respondent’s nomination as a woman member of parliament for Kayunga district until determination of the main suit. The application is premised on grounds that it has a high likelihood of success, the second respondent is not qualified to contest and illegally participated in the elections which violated the rights of the applicant.

The respondent raised a preliminary objection that the suit should have been brought under election laws which court held that this is not an election petition. On the objection that the suit is brought under a wrong party court held that the suit is against the second respondent for claiming to be a person that she is not and the ground is overruled.On the temporary injunction, the applicants question the education of the second respondent.

Headnote and Holding: 

Court held that the enumerated differences and inconsistencies in the second respondent’s credentials raise triable issues. On irreparable injury court held that this is envisioned in the applicants’ denial of their rights to participation in civic activities through proper representation in parliament and the balance of convenience is resolved in favour of the applicants.


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